Rhode  Island  Education  Circulars 

Constitution  of  the  United  States 
of  America  as  Amended  to  1925 
with  an  Outline  of  the  Constitution 


By  CHARLES  CARROLL,  LL.  B.,  A.  M.,  Ph.  D. 


STATE  OF  RHODE  ISLAND 
PUBLIC  EDUCATION  SERVICE 
1925 


Rtjaite  Sfilatti  fitaratiati  QJirrulars 


Constitution  of  the  United  States  of  America 
Amended  to  1925  with  an  Outline 
of  rhe  Constitution 


By  CHARLES  CARROLL,  LL.  B.,  A.  Mv  Ph.  D. 
Professor  of  Law  and  Government  and  Rhode  Island  Education 
Rhode  Island  College  of  Education 
•    Professor  of  School  Law  and  Administration 
Rhode  Island  State  College 


Published  for  Use  in  the  Public  Schools  of  Rhode  Island 
By  the  Commissioner  of  Education  and 
the  State  Board  of  Education 
1925 


CHAPTER  70,  GENERAL  LAWS,  1924. 

Sec.  30.  The  principles  of  popular  and  representative  government  as  enun- 
ciated in  the  constitution  of  Rhode  Island  and  the  constitution  of  the  United 
States  shall  be  taught  in  all  public  schools  of  this  state.  In  every  class  of  the 
seventh  or  eighth  year  in  elementary  schools  instruction  shall  be  given  in  the 
history  and  government  of  Rhode  Island,  and  in  every  high  school  thorough 
instruction  shall  be  given  in  the  constitution  and  government  of  Rhode  Island 
and  in  the  constitution  and  government  of  the  United  States.  No  private  school 
or  private  instruction  shall  be  approved  for  the  purposes  of  chapter  65  of  the 
general  laws  unless  the  course  of  study  therein  shall  make  provision  for  instruc- 
tion substantially  equivalent  to  that  required  by  this  chapter  for  public  schools* 


CONSTITUTION 

OF  THE 

UNITED  STATES  OF  AMERICA 

AS  AMENDED 


WE,  the  people  of  the  United  States,  in  order  to  form  a  more  perfect  unionT 
establish  justice,  insure  domestic  tranquility,  provide  for  the  common  defence, 
promote  the  general  welfare,  and  secure  the  blessings  of  liberty  to  ourselves 
and  our  posterity,  do  ordain  and  establish  this  Constitution  for  the  United 
States  of  America. 

ARTICLE  I. 

Section  1.  AH  legislative  powers  herein  granted  shall  be  vested  in  a  con- 
gress of  the  United  States,  which  shall  consist  of  a  senate  and  house  of  repre- 
sentatives. 

Sec.  2.  The  house  of  representatives  shall  be  composed  of  members  chosen 
every  second  year  by  the  people  of  the  several  states;  and  the  electors  in  each 
state  shall  have  the  qualifications  requisite  for  electors  of  the  most  numerous 
branch  of  the  state  legislature. 

No  person  shall  be  a  representative  who  shall  not  have  attained  to  the  age  of 
twenty-five  years  and  been  seven  years  a  citizen  of  the  United  States,  and  who 
shall  not,  when  elected,  be  an  inhabitant  of  that  state  in  which  he  shall  be 
chosen. 

Representatives  and  direct  taxes1  shall  be  apportioned  among  the  several 
states  which  may  be  included  within  this  Union,  according  to  their  respective 
numbers,  which  shall  be  determined  by  adding  to  the  whole  number  of  (free)2 
persons,  including  those  bound  to  service  for  a  term  of  years,  and  excluding 
Indians  not  taxed,  (three  fifths  of  all  other  persons).2  The  actual  enumeration 
shall  be  made  within  three  years  after  the  first  meeting  of  the  congress  of  the 
United  States,  and  within  every  subsequent  term  of  ten  years,  in  such  manner 
as  they  shall  by  law  direct.  The  number  of  representatives  shall  not  exceed 
one  for  every  thirty  thousand,  but  each  state  shall  have  at  least  one  representa- 
tive; and  until  such  enumeration  shall  be  made,  the  state  of  New  Hampshire 
shall  be  entitled  to  chuse  three ;  Massachusetts,  eight ;  Rhode  Island  and  Provi- 
dence Plantations,  one;  Connecticut,  five;  New  York,  six;  New  Jersey,  four; 
Pennsylvania,  eight;  Delaware,  one;  Maryland,  six;  Virginia,  ten;  North  Caro- 
lina, five;  South  Carolina,  five;  and  Georgia,  three. 

When  vacancies  happen  in  the  representation  from  any  state,  the  executive 
authority  thereof  shall  issue  writs  of  election  to  fill  such  vacancies. 

The  house  of  representatives  shall  chuse  their  speaker  and  other  officers,  and 
shall  have  the  sole  power  of  impeachment. 

Sec.  3.  The  senate  of  the  United  States  shall  be  composed  of  two  senators 
from  each  state,  chosen  by  the  people  thereof,  for  six  years;  and  each  senator 

xSee  Amendment  XVI.,  which  permits  the  laying  of  taxes  on  incomes  without  apportion- 
ment. 

2See  Amendment  XIII.  and  XIV.,  which  prohibit  slavery  and  define  the  count  for  represen- 
tation.  Words  in  parenthesis  are  obsolete. 

3 


shall  have  one  vote.  The  electors  in  each  state  shall  have  the  qualifications 
requisite  for  electors  of  the  most  numerous  branch  of  the  state  legislature.^ 

Immediately  after  they  shall  be  assembled  in  consequence  of  the  first  election,, 
they  shall  be  divided,  as  equally  as  may  be,  into  three  classes.  The  seats  of  the 
senators  of  the  first  class  shall  be  vacated  at  the  expiration  of  the  second  year, 
of  the  second  class  at  the  expiration  of  the  fourth  year,  and  of  the  third  class 
at  the  expiration  of  the  sixth  year,  so  that  one  third  may  be  chosen  every 
second  year.  When  vacancies  happen  in  the  representation  of  any  state  in  the 
senate,  the  executive  authority  of  such  state  shall  issue  writs  of  election  to  fill 
such  vacancies:  Provided,  that  the  legislature  of  any  state  may  empower  the 
executive  thereof  to  make  temporary  appointment  until  the  people  fill  the  vacan- 
cies by  election  as  the  legislature  may  directs 

No  person  shall  be  a  senator  who  shall  not  have  attained  to  the  age  of 
thirty  years,  and  been  nine  years  a  citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  inhabitant  of  that  state  for  which  he  shall  be  chosen. 

The  vice-president  of  the  United  States  shall  be  president  of  the  senate,  but 
shall  have  no  vote,  unless  they  be  equally  divided. 

The  senate  shall  chuse  their  other  officers,  and  also  a  president  pro  tempore, 
in  the  absence  of  the  vice-president,  or  when  he  shall  exercise  the  office  of  presi- 
dent of  the  United  States. 

The  senate  shall  have  the  sole  power  to  try  all  impeachments.  When  sitting 
for  that  purpose,  they  shall  be  on  oath  or  affirmation.  When  the  president  of 
the  United  States  is  tried,  the  chief  justice  shall  preside;  and  no  person  shall 
be  convicted  without  the  concurrence  of  two  thirds  of  the  members  present. 

Judgment  in  cases  of  impeachment  shall  not  extend  further  than  to  removal 
from  office  and  disqualification  to  hold  and  enjoy  any  office  of  honour,  trust  or 
profit  under  the  United  States;  but  the  party  convicted  shall  nevertheless  be 
liable  and  subject  to  indictment,  trial,  judgment  and  punishment  accord- 
ing to  law. 

Sec.  4.  The  times,  places  and  manner  of  holding  elections  for  senators  and 
representatives,  shall  be  prescribed  in  each  state  by  the  legislature  thereof ;  but 
the  congress  may  at  any  time  by  law  make  or  alter  such  regulations,  except  as 
to  the  places  of  causing  senators. 

The  congress  shall  assemble  at  least  once  in  every  year,  and  such  meeting 
shall  be  on  the  first  Monday  in  December,  unless  they  shall  by  law  appoint  a 
different  day. 

Sec.  5.  Each  house  shall  be  the  judge  of  the  elections,  returns  and  qualifica- 
tions of  its  own  members,  and  a  majority  of  each  shall  constitute  a  quorum  to 
do  business ;  but  a  smaller  number  may  adjourn  from  day  to  day,  and  may  be 
authorized  to  compel  the  attendance  of  absent  members  in  such  manner,  and 
under  such  penalties,  as  each  house  may  provide. 

Each  house  may  determine  the  rules  of  its  proceedings,  punish  its  members 
for  disorderly  behavior,  and  with  the  concurrence  of  two  thirds  expel  a  member. 

Each  house  shall  keep  a  journal  of  its  proceedings,  and  from  time  to  time 
publish  the  same,  excepting  such  parts  as  may  in  their  judgment  require 
secrecy;  and  the  yeas  and  nays  of  the  members  of  either  house  on  any  question 
shall,  at  the  desire  of  one  fifth  of  those  present,  be  entered  on  the  journal. 


3The  text  in  Italic  type  incorporates  the  17th  amendment  as  part  of  the  Constitution. 


4 


Neither  house,  during  the  session  of  congress,  shall,  without  the  consent  of* 
the  other,  adjourn  for" more  than  three  days,  nor  to  any  other  place  than  that 
in  which  the  two  houses  shall  be  sitting. 

Sec.  6.  The  senators  and  representatives  shall  receive  a  compensation  for 
their  services,  to  be  ascertained  by  law  and  paid  out  of  the  treasury  of  the 
United  States.  They  shall  in  all  cases,  except  treason,  felony  and  breach  of 
the  peace,  be  privileged  from  arrest  during  their  attendance  at  the  session  of 
their  respective  houses,  and  in  going  to  and  returning  from  the  same;  and 
for  any  speech  or  debate  in  either  house,  they  shall  not  be  questioned  in  any 
other  place. 

No  senator  or  representative  shall,  during  the  time  for  which  he  was  elected, 
be  appointed  to  any  civil  office  under  the  authority  of  the  United  States,  which 
shall  have  been  created,  or  the  emoluments  whereof  shall  have  been  increased, 
during  such  time;  and  no  person  holding  any  office  under  the  United  States 
shall  be  a  member  of  either  house  during  his  continuance  in  office. 

Sec.  7.  All  bills  for  raising  revenue  shall  originate  in  the  house  of  represen- 
tatives; but  the  senate  may  propose  or  concur  with  amendments  as  on  other 
bills. 

Every  bill  which  shall  have  passed  the  house  of  representatives  and  the  senate 
shall,  before  it  become  a  law,  be  presented  to  the  president  of  the  United 
States;  if  he  approve,  he  shall  sign  it,  but  if  not,  he  shall  return  it  with  his 
objections,  to  that  house  in  which  it  shall  have  originated,  who  shall  enter  the 
objections  at  large  on  their  journal,  and  proceed  to  reconsider  it.  If  after 
such  reconsideration  two  thirds  of  that  house  shall  agree  to  pass  the  bill,  it 
shall  be  sent,  together  with  the  objections,  to  the  other  house,  by  which  it  shall 
likewise  be  reconsidered,  and  if  approved  by  two  thirds  of  that  house,  it  shall 
become  a  law.  But  in  all  such  cases  the  votes  of  both  houses  shall  be  deter- 
mined by  yeas  and  nays,  and  the  names  of  the  persons  voting  for  and  against 
the  bill  shall  be  entered  on  the  journal  of  each  house  respectively.  If  any  bill" 
shall  not  be  returned  by  the  president  within  ten  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law,  in  like  man- 
ner as  if  he  had  signed  it,  unless  the -congress,  by  their  adjournment,  prevent 
its  return,  in  which  case  it  shall  not  be  a  law. 

Every  order,  resolution,  or  vote,  to  which  the  concurrence  of  the  senate  and 
house  of  representatives  may  be  necessary  (except  on  a  question  of  adjourn- 
ment) shall  be  presented  to  the  president  of  the  United  States;  and  before  the 
same  shall  take  effect,  shall  be  approved  by  him,  or  being  disapproved  by  him, 
shall  be  repassed  by  two  thirds  of  the  senate  and  house  of  representatives, 
according  to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

Sec.  8.    The  congress  shall  have  power: 

To  lay  and  collect  taxes,  duties,  imposts  and  excises,  to  pay  the  debts  and 
provide  for  the  common  defence  and  general  welfare  of  the  United  States ;  but . 
all  duties,  imposts  and  excises  shall  be  uniform  throughout  the  United  States; 

To  borrow  money  on  the  credit  of  the  United  States; 

To  regulate  commerce  with  foreign  nations  and  among  the  several  states,, 
and  with  the  Indian  tribes; 

To  establish  an  uniform  rule  of  naturalization,  and  uniform  laws  on  the- 
subject  of  bankruptcies  throughout  the  United  States; 


5 


To  coin  money,  regulate  the  value  thereof  and  of  foreign  coin,  and  fix  the 

-standards  of  weights  and  measures; 

To  provide  for  the  punishment  of  counterfeiting  the  securities  and  current 
coin  of  the  United  States ; 

To  establish  post-offices  and  post  roads; 

To  promote  the  progress  of  science  and  useful  arts,  by  securing  for  limited 
times  to  authors  and  inventors  the  exclusive  right  to  their  respective  writings 
and  discoveries; 

To  constitute  tribunals  inferior  to  the  supreme  court; 

To  define  and  punish  piracies  and  felonies  committed  on  the  high  seas,  and 
offences  against  the  law  of  nations  ; 

To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make  rules  concern- 
ing captures  on  land  and  water ; 

To  raise  and  support  armies ;  but  no  appropriation  of  money  to  that  use  shall 
be  for  a  longer  term  than  two  years; 

To  provide  and  maintain  a  navy; 

To  make  rules  for  the  government  and  regulation  of  the  land  and  naval 

forces ; 

To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the  Union, 
suppress  insurrections,  and  repel  invasions; 

To  provide  for  organizing,  arming  and  disciplining  the  militia,  and  for 
governing  such  part  of  them  as  may  be  employed  in  the  service  of  the  United 
States,  reserving  to  the  states  respectively,  the  appointment  of  the  officers  and 
the  authority  of  training  the  militia,  according  to  the  discipline  prescribed  by 
congress ; 

To  exercise  exclusive  legislation,  in  all  cases  whatsoever,  over  such  district 
(not  exceeding  ten  miles  square)  as  may,  by  cession  of  particular  states  and 
the  acceptance  of  congress,  become  the  seat  of  the  government  of  the  United 
States,  and  to  exercise  like  authority  over  all  places,  purchased  by  the  consent 
of  the  legislature  of  the  state  in  which  the  same  shall  be,  for  the  erection  of 
forts,  magazines,  arsenals,  dock-yards  and  other  needful  buildings; 

And  to  make  all  laws  which  shall  be  necessary  and  proper  for  carrying  into 
execution  the  foregoing  powers,  and  all  other  powers  Vested  by  this  constitution 
in  the  government  of  the  United  States,  or  in  any  department  or  officer  thereof. 

Sec.  9.  The  migration  or  importation  of  such  persons  as  any  of  the  states 
now  existing  shall  think  proper  to  admit,  shall  not  be  prohibited  by  the  con- 
gress prior  to  the  year  one  thousand  eight  hundred  and  eight,  but  a  tax  or  duty 
may  be  imposed  on  such  importation,  not  exceeding  ten  dollars  for  each  person. 

The  privilege  of  the  writ  of  Habeas  Corpus  shall  not  be  suspended,  unless 
when,  in  cases  of  rebellion  or  invasion,  the  public  safety  may  require  it. 

Xo  bill  of  attainder,  or  ex  post  facto  law,  shall  be  passed. 

Xo  capitation  or  other  direct  tax  shall  be  laid,  unless  in  proportion  to  the 
census  or  enumeration  herein  before  directed  to  be  taken.* 

No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  state.  No  prefer- 
ence shall  be  given  by  any  regulation  of  commerce  or  revenue,  to  the  ports  of 
one  state  over  those  of  another;  nor  shall  vessels  bound  to  or  from  one  state 
be  obliged  to  enter,  clear,  or  pay  duties  in  another. 

1Amendment  XVI  permits  levy  of  taxes  on  incomes  without  apportionment. 

6 


No  money  shall  be  drawn  from  the  treasury,  but  in  consequence  of  appropria- 
tions made  by  law ;  and  a  regular  statement  and  account  of  the  receipts  and 
expenditures  of  all  public  money  shall  be  published  from  time  to  time. 

No  title  of  nobility  shall  be  granted  by  the  United  States;  and  no  person 
holding  any  office  of  profit  or  trust  under  them,  shall,  without  the  consent  of 
the  congress,  accept  of  any  present,  emolument,  office,  or  title  of  any  kind  what- 
ever, from  any  king,  prince,  or  foreign  state. 

Sec.  10.  No  state  shall  enter  into  any  treaty,  alliance,  or  confederation ; 
grant  letters  of  marque  and  reprisal;  coin  money;  emit  bills  of  credit;  make 
anything  but  gold  and  silver  coin  a  tender  in  payment  of  debts;  pass  any  bill 
of  attainder,  ex  post  facto  law,  or  law  impairing  the  obligation  of  contracts; 
or  grant  any  title  of  nobility. 

No  state  shall,  without  the  consent  of  the  congress,  lay  any  imposts  or  duties 
on  imports  or  exports,  except  what  may  be  absolutely  necessary  for  executing 
its  inspection  laws;  and  the  net  produce  of  all  duties  and  imposts  laid  by  any 
state  on  imports  or  exports  shall  be  for  the  use  of  the  treasury  of  the  United 
States;  and  all  such  laws  shall  be  subject  to  the  revision  and  controul  of  the 
congress. 

No  state  shall,  without  consent  of  congress,  lay  any  duty  of  tonnage,  keep 
troops  or  ships  of  war  in  time  of  peace,  enter  into  any  agreement  or  compact 
with  another  state  or  with  a  foreign  power,  or  engage  in  war,  unless  actually 
invaded  or  in  such  imminent  danger  as  will  not  admit  of  delay. 

ARTICLE  H. 

Section  1.  The  executive  power  shall  be  vested  in  a  President  of  the 
United  States  of  America.  He  shall  hold  his  office  during  the  term  of  four 
years;  and  together  with  the  vice-president  chosen  for  the  same  term,  be- 
elected  as  follows: — 

Each  state  shall  appoint,  in  such  manner  as  the  legislature  thereof  may 
direct,  a  number  of  electors,  equal  to  the  whole  number  of  senators  and  repre- 
sentatives to  which  the  state  may  be  entitled  in  the  congress;  but  no  senator 
or  representative,  or  person  holding  an  office  of  trust  or  profit  under  the  United 
States,  shall  be  appointed  an  elector. 

The  electors  shall  meet  in  their  respective  states,  and  vote  by  ballot  for 
president  and  vice-president,  one  of  whom  at  least  shall  not  be  an  inhabitant  of 
the  same  state  with  themselves;  they  shall  name  in  their  ballots  the  person 
voted  for  as  president,  and  in  distinct  ballots  the  person  voted  for  as  vice- 
president;  and  they  shall  make  distinct  lists  of  all  persons  voted  for  as  presi- 
dent and  of  all  persons  voted  for  as  vice-president,  and  of  the  number  of  votes- 
for  each,  which  lists  they  shall  sign  and  certify,  and  transmit  sealed  to  the 
seat  of  the  government  of  the  United  States,  directed  to  the  president  of  the 
senate;  the  president  of  the  senate  shall,  in  presence  of  the  senate  and  house 
of  representatives,  open  all  the  certificates,  and  the  votes  shall  then  be  counted; 
the  person  having  the  greatest  number  of  votes  for  president  shall  be  the 
president,  if  such  number  be  a  majority  of  the  whole  number  of  electors  ap- 
pointed; and  if  no  person  have  such  majority,  then,  from  the  persons  having 
the  highest  numbers,  not  exceeding  three,  on  the  list  of  those  voted  for  as  presi- 
dent, the  house  of  representatives  shall  choose  immediately,  by  ballot,  the  presi- 
dent; but  in  choosing  the  president,  the  votes  shall  be  taken  by  states,  the' 


7 


representation  from  each  state  having  one  vote;  a  quorum  for  this  purpose  shall 
consist  of  a  member  or  members  from  two  thirds  of  the  states,  and  a  majority 
of  all  the  states  shall  be  necessary  to  a  choice;  and  if  the  house  of  representa- 
tives shall  not  choose  a  president,  whenever  the  right  of  choice  shall  devolve 
upon  them,  before  the  fourth  day  of  March  next  following,  then  the  vice- 
president  shall  act  as  president,  as  in  the  case  of  the  death,  or  other  constitu- 
tional disability  of  the  president. 

The  person  having  the  greatest  number  of  votes  as  vice-president  shall  be  the 
vice-president,  if  such  number  be  a  majority  of  the  whole  number  of  electors 
appointed,  and  if  no  person  have  a  majority,  then,  from  the  two  highest  num- 
bers on  the  list,  the  senate  shall  choose  the  vice-president ;  a  quorum  for  the 
purpose  shall  consist  of  two  thirds  of  the  whole  number  of  senators,  and  a 
majority  of  the  whole  number  shall  be  necessary  to  a  choice. 

But  no  person  constitutionally  ineligible  to  the  office  of  president  shall  be 
eligible  to  that  of  vice-president  of  the  United  States.* 

The  congress  may  determine  the  time  of  chusing  the  electors,  and  the  day 
on  which  they  shall  give  their  votes ;  which  day  shall  be  the  same  throughout 
the  United  States. 

No  person,  except  a  natural  born  citizen,  or  a  citizen  of  the  United  States 
at  the  time  of  the  adoption  of  this  constitution,  shall  be  eligible  to  the  office 
of  president;  neither  shall  any  person  be  eligible  to  that  office  who  shall 
not  have  attained  the  age  of  thirty-five  years,  and  been  fourteen  years 
.a  resident  within  the  United-  States. 

In  case  of  the  removal  of  the  president  from  office,  or  of  his  death,  resigna- 
tion, or  inability  to  discharge  the  powers  and  duties  of  the  said  office,  the  same 
shall  devolve  on  the  vice-president;  and  the  congress  may  by  law  provide  for 
the  case  of  removal,  death,  resignation,  or  inability,  both  of  the  president  and 
vice-president,  declaring  what  officer  shall  then  act  as  president;  and  such 
officer  shall  act  accordingly,  until  the  disability  be  removed  or  a  president  shall 
be  elected. 

The  president  shall,  at  stated  times,  receive  for  his  services  a  compensation, 
which  shall  neither  be  encreased  nor  diminished  during  the  period  for  which 
he  shall  have  been  elected;  and  he  shall  not  receive,  within  that  period,  any 
other  emolument  from  the  United  States  or  any  of  them. 

Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the  following 
oath  or  affirmation: — 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the  office  of 
president  of  the  United  States,  and  will  to  the  best  of  my  ability  preserve, 
protect  and  defend  the  constitution  of  the  United  States. " 

Sec.  2.  The  president  shall  be  commander  in  chief  of  the  army  and  navy 
of  the  United  States,  and  of  the  militia  of  the  several  states  when  called  into 
the  actual  service  of  the  United  States;  he  may  require  the  opinion,  in  writing, 
of  the  principal  officer  in  each  of  the  executive  departments,  upon  any  subject 
relating  to  the  duties  of  their  respective  offices;  and  he  shall  have  power  to 
grant  reprieves  and  pardons  for  offences  against  the  United  States,  except  in 
cases  of  impeachment. 

^The  text  in  Italic  type  is  Article  XII  of  amendments,  which  replaced  the  original 
paragraphs  prescribing  the  method  of  electing  the  president  and  vice-president. 


8 


He  shall  have  power,  by  and  with  the  advice  and  consent  of  the  senate,  to 
make  treaties,  provided  two  thirds  of  the  senators  present  concur;  and  he  shall 
nominate,  and  by  and  with  the  advice  and  consent  of  the  senate,  shall  appoint 
ambassadors,  other  public  ministers  and  consuls,  judges  of  the  supreme  court, 
and  all  other  officers  of  the  United  States,  whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by  law.  But  the  congress 
may,  by  law,  vest  the  appointment  of  such  inferior  officers  as  they  think 
proper,  in  the  president  alone,  in  the  courts  of  law,  or  in  the  heads  of  depart- 
ments. 

The  president  shall  have  power  to  fill  up  all  vacancies  that  may  happen  dur- 
ing the  recess  of  the  senate,  by  granting  commissions  which  shall  expire  at  the 
end  of  their  next  session. 

Sec.  3.  He  shall,  from  time  to  time,  give  to  the  congress  information  of  the 
state  of  the  union,  and  recommend  to  their  consideration  such  measures  as  he 
shall  judge  necessary  and  expedient;  he  may,  on  extraordinary  occasions,  con- 
vene both  houses  or  either  of  them,  and  in  case  of  disagreement  between  them 
with  respect  to  the  time  of  adjournment,  he  may  adjourn  them  to  such  time  as 
he  shall  think  proper ;  he  shall  receive  ambassadors  and  other  public  ministers ; 
he  shall  take  care  that  the  laws  be  faithfully  executed;  and  shall  commission 
all  the  officers  of  the  United  States. 

Sec.  4.  The  president,  vice-president  and  all  civil  officers  of  the  United 
States  shall  be  removed  from  office  on  impeachment  for,  and  conviction  of,, 
treason,  bribery,  or  other  high  crimes  and  misdemeanors. 

ARTICLE  III. 

Section  1.  The  judicial  power  of  the  United  States  shall  be  vested  in  one 
supreme  court,  and  in  such  inferior  courts  as  the  congress  may,  from  time  to 
time,  ordain  and  establish.  The  judges,  both  of  the  supreme  and  inferior 
courts,  shall  hold  their  offices  during  good  behavior,  and  shall,  at  stated  times, 
receive  for  their  services  a  compensation  which  shall  not  be  diminished  during 
their  continuance  in  office. 

Sec.  2.  The  judicial  power  shall  extend  to  all  cases  in  law  and  equity 
arising  under  this  constitution,  the  laws  of  the  United  States,  and  treaties 
made,  or  which  shall  be  made,  under  their  authority;  to  all  cases  affecting  am- 
bassadors, other  public  ministers  and  consuls;  to  all  cases  of  admiralty  and 
maritime  jurisdiction;  to  controversies  to  which  the  United  States  shall  be  a 
party;  to  controversies  between  two  or  more  states,  between  a  state  and  citizens 
of  another  state,1-  between  citizens  of  different  states,  between  citizens  of  the 
same  state  claiming  lands  under  grants  of  different  states,  and  between  a  state, 
or  the  citizens  thereof,  and  foreign  states,  citizens  or  subjects. 

In  all  cases  affecting  ambassadors,  other  public  ministers  and  consuls,  and 
those  in  which  a  state  shall  be  party,  the  supreme  court  shall  have  original 
jurisdiction.  In  all  the  other  cases  before  mentioned,  the  supreme  court  shall 
have  appellate  jurisdiction,  both  as  to  law  and  fact,  with  such  exceptions  and 
under  such  regulations  as  the  congress  shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be  by  jury; 
and  such  trial  shall  be  held  in  the  state  where  the  said  crimes  shall  have  been 

xBut  see  Article  VI  of  Amendments,  which  prohibits  uirisdiction  of  suits  a«ain«t  states^ 
by  citizens  of  another  state  or  by  citizens  or  subjects  of  a  foreign  state. 


9 


-committed;  but  when  not  committed  within  any  state,  the  trial  shall  be  at  such 
place  or  places  as  the  congress  may  by  law  have  directed. 

Sec.  3.  Treason  against  the  United  States  shall  consist  only  in  levying  war 
against  them,  or  in  adhering  to  their  enemies,  giving  them  aid  and  comfort.  No 
person  shall  be  convicted  of  treason,  unless  on  the  testimony  of  two  witnesses 
to  the  same  overt  act,  or  on  confession  in  open  court. 

The  congress  shall  have  power  to  declare  the  punishment  of  treason;  but  no 
attainder  of  treason  shall  work  corruption  of  blood,  or  forfeiture,  except  during 
the  life  of  the  person  attainted. 

ARTICLE  IV. 

Section  1.  Full  faith  and  credit  shall  be  given  in  each  state  to  the  public 
acts,  records  and  judicial  proceedings  of  every  other  state.  And  the  congress 
may  by  general  laws  prescribe  the  manner  in  which  such  acts,  records  and  pro- 
ceedings shall  be  proved,  and  the  effect  thereof. 

Sec.  2.  The  citizens  of  each  state  shall  be  entitled  to  all  privileges  and 
immunities  of  citizens  in  the  several  states. 

A  person  charged  in  any  state  with  treason,  felony  or  other  crime,  who  shall 
flee  from  justice  and  be  found  in  another  state,  shall,  on  demand  of  the  execu- 
tive authority  of  the  state  from  which  he  fled,  be  delivered  up  to  be  removed 
to  the  state  having  jurisdiction  of  the  crime. 

No  person  held  to  service  or  labour  in  one  state,  under  the  laws  thereof, 
•escaping  into  another,  shall,  in  consequence  of  any  law  or  regulation  therein, 
be  discharged  from  such  service  or  labour,  but  shall  be  delivered  up  on  claim 
of  the  party  to  whom  such,  service  or  labour  may  be  due. 

Sec.  3.  New  states  may  be  admitted  by  the  congress  into  this  union;  but 
no  new  state  shall  be  formed  or  erected  within  the  jurisdiction  of  any  other 
state;  nor  any  state  be  formed  by  the  junction  of  two  or  more  states,  or  parts 
of  states,  without  the  consent  of  the  legislatures  of  the  states  concerned,  as 
well  as  of  the  congress. 

The  congress  shall  have  power  to  dispose  of,  and  make  all  needful  rules  and 
regulations  respecting,  the  territory  or  other  property  belonging  to  the  United 
States;  and  nothing  in  this  constitution  shall  be  so  construed  as  to  prejudice 
any  claims  of  the  United  States,  or  of  any  particular  state. 

Sec.  4.  The  United  States  shall  guarantee  to  every  state  in  this  union  a 
republican  form  of  government,  and  shall  protect  each  of  them  against  inva- 
sion ;  and,  on  application  of  the  legislature,  or  of  the  executive  (when  the 
legislature  cannot  be  convened),  against  domestic  violence. 

ARTICLE  V. 

The  congress,  whenever  two  thirds  of  both  houses  shall  deem  it  necessary, 
shall  propose  amendments  to  this  constitution,  or  on  the  application  of  the 
legislatures  of  two  thirds  of  the  several  states  shall  call  a  convention  for  pro- 
posing amendments,  which,  in  either  case,  shall  be  valid  to  all  intents  and  pur- 
poses, as  part  of  this  constitution,  when  ratified  by  the  legislatures  of  three 
fourths  of  the  several  states,  or  by  conventions  in  three  fourths  thereof,  as  the 
one  or  the  other  mode  of  ratification  may  be  proposed  by  the  congress;  Pro- 
vided that  no  amendment  which  may  be  made  prior  to  the  year  one  thousand 
eight  hundred  and  eight  shall  in  any  manner  affect  the  first  and  fourth  clauses 


10 


in  the  ninth  section  of  the  first  article;  and  that  no  state,  without  its  consent, 
shall  be  deprived  of  its  equal  suffrage  in  the  senate. 

ARTICLE  VI. 

All  debts  contracted,  and  engagements  entered  into,  before  the  adoption  of 
this  constitution,  shall  be  as  valid  against  the  United  States,  under  this  con- 
stitution, as  under  the  confederation. 

This  constitution,  and  the  laws  of  the  United  States  which  shall  be  made  in 
pursuance  thereof,  and  all  treaties  made,  or  which  shall  be  made  under  the 
authority  of  the  United  States,  shall  be  the  supreme  law  of  the  land ;  and  the 
judges  in  every  state  shall  be  bound  thereby;  anything  in  the  constitution  or 
laws  of  any  state  to  the  contrary  notwithstanding. 

The  senators  and  representatives  before  mentioned,  and  the  members  of  the 
several  state  legislatures,  and  all  executive  and  judicial  officers,  both  of  the 
United  States  and  of  the  several  states,  shall  be  bound  by  oath  or  affirmation  to 
support  this  constitution;  but  no  religious  test  shall  ever  be  required  as  a 
qualification  to  any  office  or  public  trust  under  the  United  States. 

ARTICLE  VII. 

The  ratification  of  the  conventions  of  nine  states  shall  be  sufficient  for  the 
establishment  of  this  constitution  between  the  states  so  ratifying  the  same. 


AMENDMENTS  TO  THE  CONSTITUTION 

ARTICLE  I. 

Congress  shall  make  no  law  respecting  an  establishment  of  religion,  or  pro- 
hibiting the  free  exercise  thereof;  or  abridging  the  freedom  of  speech,  or  of 
the  press,  or  the  right  of  the  people  peaceably  to  assemble  and  to  petition  the 
government  for  a  redress  of  grievances. 

ARTICLE  II. 

A  well  regulated  militia  being  necessary  to  the  security  of  a  free  state,  the 
right  of  the  people  to  keep  and  bear  arms  shall  not  be  infringed. 

ARTICLE  III. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house,  without  the 
consent  of  the  owner;  nor  in  time  of  war,  but  in  a  manner  to  be  prescribed  by 
law. 

ARTICLE  IV. 

The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers  and 
effects,  against  unreasonable  searches  and  seizures,  shall  not  be  violated,  and 
no  warrants  shall  issue,  but  upon  probable  cause,  supported  by  oath  or  affirma- 
tion, and  particularly  describing  the  place  to  be  searched  and  the  persons  or 
things  to  be  seized. 

ARTICLE  V. 

No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  infamous  crime, 
unless  on  a  presentment  or  indictment  of  a  grand  jury,  except  in  cases  arising 
in  the  land  or  naval  forces,  or  in  the  militia  when  in  actual  service,  in  time 
of  war  or  public  danger;  nor  shall  any  person  be  subject  for  the  same  offence 


11 


~to  be  twice  put  m  jeopardy  of  life  or  limb;  nor  shall  be  compelled,  in  any 
criminal  case,  to  be  a  witness  against  himself ;  nor  be  deprived  of  life,  liberty 
or  property,  without  due  process  of  law,  nor  shall  private  property  be  taken  for 
public  use  without  just  compensation. 

ARTICLE  VI. 

In  all  criminal  prosecutions  the  accused  shall  enjoy  the  right  to  a  speedy 
and  public  trial  by  an  impartial  jury  of  the  state  and  district  wherein  the  crime 
shall  have  been  committed,  which  district  shall  have  been  previously  ascertained 
by  law,  and  to  be  informed  of  the  nature  and  cause  of  the  accusation;  to  be 
confronted  with  the  witnesses  against  him;  to  have  compulsory  process  for 
obtaining  witnesses  in  his  favor,  and  to  have  the  assistance  of  counsel  for  his 
defence. 

ARTICLE  VII. 

In  suits  at  common  law,  where  the  value  in  controversy  shall  exceed  twenty 
-dollars,  the  right  of  trial  by  jury  shall  be  preserved,  and  no  fact  tried  by  a 
jury  shall  be  otherwise  re-examined  in  any  court  of  the  United  States,  than 
according  to  the  rules  of  the  common  law. 

ARTICLE  VIII. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor  cruel 
and  unusual  punishments  inflicted. 

ARTICLE  IX. 

The  enumeration  in  the  constitution  of  certain  rights,  shall  not  be  construed 
-to  deny  or  disparage  others  retained  by  the  people. 

ARTICLE  X. 

The  powers  not  delegated  to  the  United  States  by  the  constitution,  nor  pro- 
hibited by  it  to  the  states,  are  reserved  to  the  states,  respectively,  or  to  the 
people. 

ARTICLE  XI. 

The  judicial  power  of  the  United  States  shall  not  be  construed  to  extend 
to  any  suit,  in  law  or  equity,  commenced  or  prosecuted  against  one  of  the 
United  States  by  citizens  of  another  state,  or  by  citizens  or  subjects  of  any 
foreign  state. 

ARTICLE  XII. 

[The  text  of  Article  XII  has  been  incorporated  in  Article  1  Section  2  of  the 
Constitution.] 

ARTICLE  XIII. 

Section  1.  Neither  slavery  nor  involuntary  servitude,  except  as  a  punish- 
ment for  crime  whereof  the  party  shall  have  been  duly  convicted,  shall  exist 
within  the  United  States  or  any  place  subject  to  their  jurisdiction. 

Sec.  2.  Congress  shall  have  power  to  enforce  this  article  by  appropriate 
legislation. 

ARTICLE  XIV. 

Section  1.  All  persons  born  or  naturalized  in  the  United  States,  and  sub- 
ject to  the  jurisdiction  thereof,  are  citizens  of  the  United  States  and  of  the 
•state  wherein  they  reside.  No  state  shall  make  or  enforce  any  law  which  shall 
abridge  the  privileges  or  immunities  of  citizens  of  the  United  States,  nor  shall 


12 


any  state  deprive  any  person  of  life,  liberty,  or  property,  without  due  process 
of  law,  nor  deny  to  any  person  within  its  jurisdiction  the  equal  protection  of 
the  laws. 

Sec.  2.  Representatives  shall  be  apportioned  among  the  several  states 
according  to  their  respective  numbers,  counting  the  whole  number  of  persons 
in  each  state,  excluding  Indians  not  taxed.  But  when  the  right  to  vote  at  any 
election  for  the  choice  of  electors  for  president  and  vice-president  of  the  United 
States,  representatives  in  congress,  the  executive  and  judicial  officers  of  a  state, 
or  the  members  of  the  legislature  thereof,  is  denied  to  any  of  the  male  inhabi- 
tants of  such  state,  being  twenty-one  years  of  age,  and  citizens  of  the  United 
States,  or  in  any  way  abridged,  except  for  participation  in  rebellion  or  other 
crime,  the  basis  of  representation  therein  shall  be  reduced,  in  the  proportion 
which  the  number  of  such  male  citizens  shall  bear  to  the  whole  number  of  male 
citizens  twenty-one  years  of  age  in  such  state. 

Sec.  3.  No  person  shall  be  a  senator  or  representative  in  congress,  or  elector 
■of  president  and  vice-president,  or  hold  any  office,  civil  or  military,  under  the 
United  States,  or  under  any  state,  who,  having  previously  taken  an  oath,  as  a 
member  of  congress,  or  as  an  officer  of  the  United  States,  or  as  a  member  of 
any  state  legislature,  or  as  an  executive  or  judicial  officer  of  any  state,  to  sup- 
port the  constitution  of  the  United  States,  shall  have  engaged  in  insurrection  or 
rebellion  against  the  same  or  given  aid  or  comfort  to  the  enemies  thereof.  But 
congress  may,  by  a  vote  of  two  thirds  of  each  house,  remove  such  disability. 

Sec.  4.  The  validity  of  the  public  debt  of  the  United  States,  authorized  by 
law,  including  debts  incurred  for  payment  of  pensions  and  bounties  for  serv- 
ices in  suppressing  insurrection  or  rebellion,  shall  not  be  questioned.  But 
neither  the  United  States  nor  any  state  shall  assume  or  pay  any  debt  or  obliga- 
tion incurred  in  aid  of  insurrection  or  rebellion  against  the  United  States,  or 
any  claim  for  the  loss  or  emancipation  of  any  slave ;  but  all  such  debts,  obliga- 
tions and  claims  shall  be  held  illegal  and  void. 

Sec.  5.  The  congress  shall  have  power  to  enforce,  by  appropriate  legisla- 
tion, the  provisions  of  this  article. 

ARTICLE  XV. 

Section  1.  The  right  of  citizens  of  the  United  States  to  vote,  shall  not  be 
denied  or  abridged  by  the  United  States,  or  by  any  state,  on  account  of  race, 
color,  or  previous  condition  of  servitude. 

Sec.  2.  The  congress  shall  have  power  to  enforce  this  article  by  appropriate 
legislation. 

ARTICLE  XVI. 

The  congress  shall  have  power  to  lay  and  collect  taxes  on  incomes,  from  what- 
ever source  derived,  without  apportionment  among  the  several  states,  and 
without  regard  to  any  census  or  enumeration. 

ARTICLE  XVII. 

[The  text  of  Article  XVII,  election  of  United  States  senators  by  vote  of  the 
people,  has  been  incorporated  as  Section  3  of  Article  I,  and  in  place  of  so  much 
of  paragraph  2  of  Section  3  as  it  replaces.] 

13 


AETICLE  XVIII. 

Section  1.  After  one  year  from  the  ratification  of  this  article  the  manu- 
facture, sale,  or  transportation  of  intoxicating  liquors  within,  the  importation 
thereof  into,  or  the  exportation  thereof  from  the  United  States  and  all  terri- 
tory subject  to  the  jurisdiction  thereof  for  beverage  purposes  is  hereby  pro- 
hibited. 

Sec.  2.  The  Congress  and  the  several  states  shall  have  concurrent  power  to 
enforce  this  article  by  appropriate  legislation. 

Sec.  3.  This  article  shall  be  inoperative  unless  it  shall  have  been  ratified  as 
an  amendment  to  the  constitution  by  the  legislatures  of  the  several  states,  as 
provided  in  the  constitution,  within  seven  years  from  the  date  of  the  submis- 
sion hereof  to  the  states  by  the  congress.* 

ARTICLE  XIX. 

The  right  of  citizens  of  the  United  States  to  vote  shall  not  be  denied  or 
abridged  by  the  United  States  or  by  any  state  on  account  of  sex. 

Congress  shall  have  power  to  enforce  this  article  by  appropriate  legislation. 

*Proclaimed  as  ratified  by  36  states  Jan.  29,  1919,  and  effective  Jan.  29,  1920. 


L4 


OUTLINE 

OF  THE 

CONSTITUTION  of  the  UNITED  STATES 


I.  Purposes  of  the  Constitution  and  Government:  (Preamble) 

1.  To  form  a  more  perfect  union. 

2.  To  establish  justice. 

3.  To  insure  domestic  tranquility. 

4.  To  provide  for  the  common  defence. 

5.  To  promote  the  general  welfare. 

6.  To  secure  the  blessings  of  liberty  to  ourselves  and  to  our  posterity. 

II.  The  Form  of  Government  and  Principal  Agencies: 

A.  A  federal  government,  in  which  functions  are  separated — 

1.  All  legislative  powers  are  vested  in  congress,   (article  I) 

2.  The  executive  power  is  vested  in  a  president,   (article  II) 

3.  The  judicial  power  is  vested  in  a  supreme  court,  and  other, 
inferior,  courts  created  by  congress,  (article  III) 

B.  A  union  of  indestructible  states. 

1.  Consisting  of  the  original  13  states  (article  I,  section  2)  and 
other  states  to  be  created  by  congress  (article  IV,  section  3)  ; 
each — 

2.  Guaranteed  a  republican  form  of  government  and  against 
invasion  or  domestic  violence,  (article  IV,  section  4) 

3.  Guaranteed  against  division,  junction  or  partition  without 
state  consent,    (article  IV,  section  3) 

4.  Guaranteed  representation  in  the  house  of  representatives  in 
proportion  to  population  (article  I,  section  2)  and  equal 
representation  in  the  senate,  (article  I,  section  3,  article  V) 

5.  Guaranteed  control  of  a  state  militia  when  the  latter  is  not 
actually  in  the  service  of  the  nation,  (article  I,  section  8) 

6.  Guaranteed  full  faith  and  credit  for  its  public  acts,  records 
and  judicial  proceedings  in  every  other  state,  (article  IV, 
section  1) 

7.  Guaranteed  for  its  citizens  all  the  privileges  and  immunities 
of  citizens  in  other  states,    (article  IV,  section  2) 

C.  A  division  of  functions  betwixt  federal  government  and  state  govern- 
ments : 

1.  The  federal'  government  to  exercise  the  powers  enumerated  in 
the  constitution,   (amendment  X) 

a.    Matters  expressly  enumerated  as  entrusted  to  federal 
government. 

1.  Federal  taxation. 

2.  Interstate  and  foreign  commerce. 


15 


3.  Commerce  with  the  Indians. 

4.  Naturalization. 

5.  Bankruptcy. 

6.  Money  and  standard  value  thereof. 

7.  Weights  and  measures. 

8.  Counterfeiting  of  federal  money  and  securities. 

9.  Post  offices  and  post  road. 

10.  Patents  and  copyrights. 

11.  Enforcement  of  federal  laws  and  jurisdiction  of 
federal  courts. 

12.  Piracy  and  felony  on  high  seas. 

13.  War,  armies  and  navies. 

14.  Seat  of  government. 

15.  Immigration. 

16.  Territory  not  organized  as  states. 

17.  Relations  with  foreign  nations. 

18.  Judicial  adjustment  of  controversies,  between 
states  and  citizens  of  different  states. 

19.  Treason  against  the  federal  government. 

20.  Interstate  comity. 

21.  Creation  of  new  states  and  admission  to  union. 

22.  CaTe  and  disposition  of  federal  property. 

23.  Guaranty  of  republican  form  of  government. 

24.  Protection  of  inviolability  of  states. 

25.  Taxation  of  incomes. 

26.  Census. 

27.  Prohibition  of  liquor  traffic. 

28.  Prohibition  of  slavery. 

29.  Enforcement  of  due  process  of  law. 

30.  Protection  of  civil  rights  and  guaranty  of  immu- 
nities of  citizens. 

31.  Succession  to  the  presidency. 

32.  Creation  of  executive  departments. 

33.  Eegulation  of  time,  place  and  manner  of  elect- 
ing federal  officers. 

34.  Creation  of  offices  to  supplement  officers  pro- 
vided for  in  constitution. 

IP^See  also  enumeration  of  powers  of  congress. 
Matters  expressly  enumerated  as  forbidden  to  the 
federal  government. 

1.  Ex  post  facto  laws. 

2.  Bills  of  attainder. 

3.  Suspension  of  habeas  corpus  except  as  necessary. 

4.  Establishment  of  religion  or  religious  test,  or 
abridgement  of  religious  freedom. 

5.  Assumption  of  war  debts  incurred  in  insurrection 
or  rebellion. 

6.  Recognition  of  claims  for  loss  or  emancipation 
of  slaves. 


16 


7.  Abridgement  of  freedom  of  speech  or  freedom  of 
press. 

Find   also   restrictions   implied  in  guaranty  of 
civil  rights  and  immunities. 
2.    The  state  governments  to  exercise  the  powers  not  expressly- 
conferred  upon  the  federal  government  and  not  prohibited 
by  the  constitution,    (amendment  X) 

a.  State  governments  may  make  and  enforce  laws  in  mat- 
ters enumerated  within  federal  functions,  provided 
state  legislation  does  not  conflict  with  federal  legis- 
lation. 

b.  State  has  concurrent  jurisdiction  with  congress  in 
enacting  legislation  prohibiting  the  liquor  traffic. 

c.  Matters  expressly  forbidden  to  the  state.  See  title 
restrictions  on  states. 

d.  The  states  prescribe  the  qualifications  of  electors  for 

1.  Representatives  in  congress  (article  1,  section  2). 

2.  Senators  in  congress  (article  1,  section  3). 

3.  Presidential  electors  (through  the  power  of  the 
legislature  to  determine  the  method  of  appoint- 
ment) (article  III). 

BUT  are  limited  in  restricting  suffrage  (amendments 
XIV.,  XV.,  XIX.) 
D.    A  dual  citizenship  in  which  (articles  III  &  IV  and  amendments) 

1.  The  citizen  is  obligated  to  both  nation  and  state  and  respon- 
sible to  both,    (amendment  XIV) 

2.  The  citizen  is  protected  by  both  nation  and  state  in  his  life, 
liberty  and  property,   (amendment  XIV) 

3.  The  citizen  is  guaranteed  his  rights  as  a  citizen  of  his  state 
by  the  federal  government,   (amendment  XIV) 

III.    Legislative  Powers  of  the  Federal  Government 

A.  Congress  of  the  United  States. 

1.  Exercises  all  legislative  powers  conferred  upon  the  federal 
government,    (article  I,  section  1) 

2.  Consists  of  a  senate  and  house  of  representatives,  (article  I, 
section  1) 

3.  Enacts  laws  by  concurrent  action  of  both  houses,  (article  I, 
section  7) 

4.  Meets. 

a.  At  least  once  every  year  on  the  first  Monday  in  Decem- 
ber, but  may  by  law  appoint  a  different  day.  (article 
I.  section  4) 

b.  At  other  times  by  adjournment  to  a  day  certain,  (arti- 
cle I,  section  5) 

c.  At  the  call  of  the  President,  (article  II,  section  3) 

B.  House  of  Representatives. 

1.  Composed  of  members  chosen  every  second  year  by  the  people 
of  the  several  states  qualified  to  voip  for  the  most  numerous 
branch  of  the  state  legislature,    (aiticle  I,  section  2) 


17 


a.  A  member  must  be:  (article  I,  section  2) 

(1)  At  least  25  years  of  age. 

(2)  A  citizen  of  the  United  States  at  least  seven 
years. 

(3)  An  inhabitant  of  the  state  when  chosen. 

b.  Members  are   apportioned  on  basis  of  population 

counted  every  ten  years  at  least  in  federal  census, 
(article  I,  section  2;  amendment  XIV) 

c.  Membership  shall  not  exceed  one  for  every  30,000  in- 
habitants,   (article  I,  section  2) 

d.  Vacancies  filled  by  special  elections  on  writs  issued  by 
state  executives,   (article  I,  section  2) 

2.  Chooses  its  speaker  and  other  officers,   (article  I,  section  2) 

3.  Enacts  legislation  by  action  concurrent  with  the  senate,  (arti- 
cle I,  section  7) 

4.  Originates  bills  for  raising  revenues,   (article  I,  section  7) 

5.  Initiates  impeachment  proceedings,   (article  I,  section  2) 

6.  Elects  the  president  by  vote  taken  by  states  if  and  when  the 
electoral  colleges  fail  to  elect  the  president  by  the  required 
constitutional  majority,  (article  II,  section  1;  amendment 
XII) 

The  Senate. 

1.  Composed  of  two  senators  from  each  state,  elected  by  the 
people  of  the  state  qualified  to  vote  for  the  most  numerous 
branch  of  the  state  legislature,  (article  I,  section  3;  amend- 
ment XVII) 

a.  Members  are  divided  into  three  classes,  one  of  which 
is  retired  and  replaced  by  election  every  two  years, 
(article  I,  section  3) 

b.  Members  serve  six  years,   (article  I,  section  3) 

c.  A  member  must  be:    (article  I,  section  3) 

(1)  At  least  30  years  of  age. 

(2)  Nine  years  a  citizen  of  the  United  States. 

(3)  An  inhabitant  of  the  state  represented  when 
chosen. 

d.  Vacancies  filled  by  special  election  on  writs  issued  by 
state  executives,  but  state  legislature  may  authorize 
ad  interim  appointment  by  executive,  (amendment 
XVII) 

e.  No  state  may  without  its  consent  be  deprived  of  equal 
representation  in  the  Senate,    (article  V) 

2.  The  Vice  President  is  president  of  the  senate  without  vote 
except  to  break  a  tie;  the  senate  may  elect  a  president  pro 
tempore  and  other  officers,   (article  I,  section  3) 

3.  Enacts  legislation  by  action  concurrent  with  house  of  repre- 
sentatives,  (article  I,  section  7) 

4.  Confirms  or  rejects  nominations,  and  gives  or  withholds  its 
advice  and  consent  to  appointments  made  by  the  president, 
(article  II,  section  2) 

18 


5.  Ratifies  or  rejects  treaties  negotiated  by  the  president,  and  no 
treaty  becomes  binding  upon  the  United  States  unless  ratified 
by  a  two-thirds  vote  of  the  senators  present,  (article  II, 
section  2) 

6.  Tries  impeachments,  and  may  convict  by  a  two-thirds  vote  of 
senators  present,   (article  I,  section  3) 

7.  Elects  the  vice  president  if  and  when  the  electoral  colleges 
fail  to  elect  the  vice  president  by  the  required  constitutional 
majority,   (article  II,  section  1;  amendment  XII) 

D.  Each  house:      (article  I,  section  5) 

1.  Is  judge  of  the  election,  return  and  qualification  of  its  own 
members. 

2.  May  do  business  when  a  quorum,  a  majority,  is  present.* 

3.  May  adjourn  from  day  to  day  if  a  quorum  is  not  present. 

4.  May  compel  the  attendance  of  absent  members,  under  penalty. 

5.  May  determine  rules  of  its  proceedings. 

6.  May  punish  its  members  for  disorderly  behavior. 

7.  May  expel  a  member  by  a  two-thirds  vote. 

8.  Shall  keep  a  journal  of  its  proceedings  and  publish  the  same, 
except  parts  requiring  secrecy. 

9.  Shall  vote  by  yeas  and  nays  (and  record  the  vote)  upon 
request  of  one-fifth  of  the  members  present. 

10.  May  adjourn  but  not  for  more  than  three  days  without  the 
consent  of  the  other  house,  and  not  to  another  place  than 
that  in  which  the  congress  is  meeting. 

E.  Members  of  Congress. 

1.  Qualifications.  See  III,  B  and  C. 

2.  Are  paid  a  compensation  ($7500  annually)  established  by  law 
and  paid  from  the  treasury  of  the  United  States,  (article  I, 
section  6) 

3.  Are  exempt  from  arrest,  except  for  treason,  felony  or  breach 
of  the  peace,  during  .attendance  at  sessions  of  congress,  and 
while  going  to  or  coming  from  such  sessions,  (article  I, 
section  6) 

4.  Enjoy  complete  freedom  of  speech  in  debate,  and  may  not  be 
questioned  therefor  (in  court  or  other  proceedings)  in  any 
other  place,  (article  I,  section  6) 

5.  Are  not  eligible  to  any  other  office  of  emolument  or  trust 
under  the  United  States  while  in  service,  and  are  not  eligible 
for  appointment  to  any  civil  office  which  shall  have  been 
created  or  the  emoluments  whereof  shall  have  been  increased, 
during  their  term,   (article  I,  section  6) 

F.  Powers  of  congress. 

1.  To  lay  and  collect  taxes,  duties,  imposts  and  excises,  to  pay 
the  debts  and  provide  for  the  common  defence  and  general 
welfare  of  the  United  States,  but  all  duties,  imposts  and 
excises  shall  be  uniform  throughout  the  United  States, 
(article  I,  section  8) 

*See  Article  II  section  1,  Amendment  XII.,  for  quorum  of  house  for  electing  president, 
and  of  senate  for  electing  vice  president. 

19 


2.  To  borrow  money  on  the  credit  of  the  United  States,  (article 
I,  section  8) 

3.  To  regulate  commerce   (article  I,  section  8) 

a.  With  foreign  nations. 

b.  Among  the  several  states. 

c.  With  the  Indian  tribes. 

4.  To  establish  a  uniform  rule  of  naturalization,  (article .  I, 
section  8) 

5.  To  establish  uniform  laws  on  the  subject  of  bankruptcy, 
(article  I,  section  8) 

6.  To  coin  money,  regulate  the  value  thereof  and  of  foreign 
coin,   (article  I,  section  8) 

7.  To  fix  the  standards  of  weights  and  measures,  (article  I, 
section  8) 

8.  To  provide  for  the  punishment  of  counterfeiting  the  securi- 
ties and  current  coin  of  the  United  States,  (article  I,  section 
«) 

9.  To  establish  post-offices  and  post-roads,   (article  I,  section  8) 

10.  To  promote  the  progress  of  science  and  useful  arts  by  grant- 
ing patents  and  copyrights,   (article  I,  section  8) 

11.  To  constitute  tribunals  inferior  to  the  supreme  court,  and 
define  the  jurisdiction  thereof,  (article  I,  section  8;  article 
III) 

12.  To  define  and  punish  piracies  and  felonies  committed  on  the 
high  seas  and  offences  against  the  law  of  nations,  (article 
I,  section  8) 

13.  To  declare  war  and    (article  I,  section  8) 

(a)  to  grant  letters  of  marque  and  reprisal 

(b)  to  make  rules  concerning  captures  on  land  and  water. 

14.  To  raise  and  support  armies,  and  make  appropriations  for 
their  support  for  periods  not  exceeding  two  years  in  any 
instance,    (article  I,  section  8) 

15.  To  provide  and  maintain  a  navy,   (article  I,  section  8) 

16.  To  make  rules  for  the  government  and  regulation  of  the  land 
and  naval  forces,  (article  I,  section  8) 

17.  To  provide  for  calling  forth  the  militia,  (article  I,  section  8) 

a.  to  execute  the  laws  of  the  union 

b.  to  suppress  insurrections 

c.  to  repel  invasions 

18.  To  provide  for  organizing,  arming  and  disciplining  the  militia, 
and  for  governing  such  parts  as  may  be  employed  in  the  serv- 
ice of  the  United  States,  (article  I,  section  8) 

19.  To  exercise  exclusive  legislation  over  the  seat  of  the  govern- 
ment of  the  United  States,  (article  I,  section  8) 

.20.  To  exercise  exclusive  legislation  over  all  places  purchased 
with  the  consent  of  the  states  for  forts,  magazines,  arsenals, 
dockyards  and  other  needful  buildings,   (article  I,  section  8) 


20 


21.  To  make  all  laws  necessary  to  carry  into  execution  the  powers 
vested  in  the  government  of  the  United  States,  and  any  de- 
partment or  officer  thereof,   (article  I,  section  8) 

22.  To  regulate,  and  impose  a  tax  limited  to  ten  dollars  per  capita 
on  immigration,  (article  I,  section  9) 

23.  To  regulate  by  law  the  times,  places  and  manner .  of  holding 
elections  of  senators  and  representatives  in  Congress,  (article 
I,  section  4) 

24.  To  fix  by  law,  a  date  uniform  throughout  the  United  States, 
the  time  of  choosing  presidential  electors,  (article  II,  section 
1) 

25.  To  remove  officers  of  the  United  States  from  public  office  by 
impeachment,    (article  I,  sections  2,  3) 

26.  To  prescribe  by  general  law  the  manner  in  which  public  acts, 
records  and  proceedings  of  any  state  shall  be  proved  in  any 
other  state,  and  the  effect  thereof,   (article  IV,  section  1) 

27.  To  admit  new  states  to  the  union,  (article  IV,  section  3) 

28.  To  guaranty  the  boundaries  of  the  several  states,  (article  IV, 
section  3) 

29.  To  guaranty  a  republican  form  of  government  in  every  state, 
(article  IV,  section  4) 

30.  To  protect  the  states  against  invasion,  and,  upon  application 
of  the  legislature  (or  the  state  executive  if  the  legislature  is 
not  in  session)  against  domestic  violence,  (article  IV,  sec- 
tion 4) 

31.  To  propose  amendments  to  the  constitution,   (article  V) 

32.  To  dispose  of  and  make  all  needful  rules  and  regulations 
respecting  the  territory  and  other  property  belonging  to  the 
United  States,    (article  IV,  section  3) 

33.  To  provide  by  law  for  succession  to  the  presidency  in  the 
event  of  the  removal,  death,  resignation  or  inability  of  both 
the  president  and  the  vice  president,    (article  II,  section  1) 

34.  By  two-thirds  vote  of  both  houses  to  remove  the  disqualifica- 
tions for  public  office  of  persons  engaged  in  insurrection 
or  rebellion,    (amendment  XIV) 

35.  To  enact  legislation  to  enforce  the  prohibition  of  slavery, 
(amendment  XIII) 

16.    To  enact  legislation  to  enforce  amendment  XIV. 

a.  Defining  United  States  citizenship. 

b.  Forbidding  abridgement  of  the  privileges  and  im- 
munities of  citizenship. 

c.  Prescribing  due  process  of  law  and  equal  protection 
of  law. 

d.  Penalizing  restriction  of  suffrage. 

e.  Barring  from  public  office  under  the  United  States  or 
any  state  persons  who  have  engaged  in  insurrection  or 
rebellion. 

f.  Guaranteeing  the  public  debt,  including  civil  war 
expenditures  and  pensions. 


21 


g.  Forbidding  assumption  by  nation  or  state  of  any  debt 
incurred  in  aid  of  insurrection  or  rebellion,  or  claims 
for  the  loss  or  emancipation  of  slaves. 

37.  To  enact  legislation  to  prohibit  the  manufacture,  sale,  trans- 
portation, import  or  export  of  intoxicating  beverages, 
(amendment  XVIII) 

38.  To  enact  legislation  to  enforce  equal  suffrage  to  the  extent 
of  forbidding  discrimination  because  of  race,  color  or  pre- 
vious condition  of  servitude  (amendment  XV),  or  sex. 
(amendment  XIX) 

39.  To  declare  the  punishment  for  treason,  (article  III,  section 
3) 

40.  To  define  the  original  jurisdiction  of  inferior  federal  courts, 
and  to  regulate  the  appellate  jurisdiction  of  the  supreme 
court,   (article  III,  section  2) 

41.  To  designate  the  place  of  trials  of  crime,  not  committed  with- 
in the  territory  of  any  state,  (article  III,  section  2) 

42.  To  provide  for  a  census  at  least  once  in  every  ten  years, 
(article  I,  section  2) 

G.    Restrictions  on  Congress. 

1.  The  constitution,   (article  VI) 

2.  The  rights  expressly  guaranteed  to  other  federal  agencies,  to 
states,  and  to  citizens. 

3.  The  enumeration  of  powers  and  exclusion  of  others,  (amend- 
ment X) 

4.  The  executive  veto. 

a.  No  bill  passed  in  concurrence  by  both  houses  becomes 
effective  unless 

(1)  approved  and  signed  by  the  president,  or 

(2)  passed  by  a  two-thirds  record  vote  of  both 
houses,  after  reconsideration  following  a 
message  of  disapproval  by  the  president,  or 

(3)  the  president  fails  within  ten  days  while 
congress  is  still  in  session  to  approve  or  to 
return  the  bill  to  congress  with  his  disap- 
proval. 

b.  No  order,  resolution  or  vote  passed  in  concurrence, 
except  on  questions  of  adjournment,  becomes  effective 
unless 

(1)  The  president  approves  and  signs,  or 

(2)  Passed  by  a  two-thirds  record  vote  in  both 
houses,  after  reconsideration  following  dis- 
approval by  the  president. 

5.  Capitation  and  direct  taxes,  except  taxes  on  incomes 
(amendment  XVI),  must  be  apportioned  among  the  states 
on  the  basis  of  the  census  (article  I,  sections  2  and  9). 

6.  Duties,  imposts  and  excises  must  be  uniform  throughout  the 
United  States,    (article  I,  section  8) 


22 


7.  Appropriations  for  the  support  of  armies  are  limited  to  two 
years,  (article  I,  section  8) 

8.  The  appointment  of  officers  for  the  militia  is  reserved  to  the 
states,   (article  I,  section  8) 

9.  The  seat  of  government  is  limited  to  a  district  not  exceeding 
ten  miles  square,  (article  I,  section  8) 

10.  Land  within  the  boundaries  of  a  state  may  be  purchased  for 
government  use  only  with  the  consent  of  the  state,  (article 
I,  section  8) 

11.  Taxes  on  immigration  are  limited  to  ten  dollars  per  capita, 
(article  I,  section  9) 

12.  The  writ  of  habeas  corpus  may  not  be  suspended  except  when, 
in  cases  of  rebellion  or  invasion,  the  public  safety  may  require 
it.    (article  I,  section  9) 

13.  No  bill  of  attainder  or  ex  post  facto  law  may  be  passed, 
(article  I,  section  9) 

14.  No  tax  may  be  levied  upon  articles  exported  from  any  state, 
(article  I,  section  9) 

15.  No  preference  may  be  given,  by  any  regulation  of  commerce 
or  revenue,  to  the  ports  of  one  state  over  those  of  another; 
nor  shall  vessels  bound  to  or  from  one  state  be  obliged  to 
enter,  clear,  or  pay  duties  in  another,   (article  I,  section  9) 

16.  No  money  may  be  drawn  from  the  treasury  but  in  consequence 
of  appropriations  made  by  law.   (article  I,  section  9) 

17.  No  title  of  nobility  may  be  granted  by  the  United  States; 
and  no  person  holding  public  office  may,  without  the  consent 
of  congress,  accept  any  present,  emolument,  office  or  title 
from  any  king,  prince  or  foreign  state,  (article  I,  section  9) 

18.  No  state  may  be  formed  or  erected  within  the  jurisdiction  of 
any  other  state,  or  by  the  junction  or  partition  of  two  or 
more  states  without  the  consent  of  the  legislatures  thereof 
and  of  congress,   (article  IV,  section  3) 

19.  Treason  is  defined  by  the  constitution,  as  is  also  the  method 
of  proof,    (article  III,  section  3) 

20.  Attainder  of  treason  shall  not  work  corruption  of  blood  or 
forfeiture  except  during  the  life  of  the  person  attainted, 
(article  III,  section  3) 

21.  Congress  may  make  no  law  (amendment  I) 

a.  Respecting  the  establishment  of  religion. 

b.  Prohibiting  the  free  exercise  of  religion. 

c.  Abridging  freedom  of  speech  or  of  the  press. 

d.  Abridging  the  popular  rights  of  assembly  and  petition. 

22.  Congress  may  not  abridge  the  right  of  citizens  of  the  United 
States  to  vote  on  account  of  race,  color  or  previous  condition 
of  servitude  (amendment  XVI),  or  sex  (amendment  XIX). 

23.  Congress  may  not  assume  any  debt  or  obligation  incurred  in 
aid  of  insurrection  or  rebellion,  or  any  debt  or  obligation 
because  of  the  loss  or  emancipation  of  any  slave. 


2:^ 


24.  The  president  may  prorogue  congress  in  the  event  of  dis- 
agreement of  the  house  and  senate  as  to  adjournment. 

U^-"Find  other  restrictions  implied  in  the  guaranty  of  rights  and 
immunities. 

H.  Impeachments. 

1.  Originate  on  charges  brought  in  and  approved  by  house  of 
representatives,   (article  I,  section  2) 

2.  Are  tried  in  senate,  senators  being  under  oath  or  affirmation, 
(article  I,  section  3) 

3.  Chief  justice  of  supreme  court  presides  when  president  is 
tried,  (article  I,  section  3) 

4.  Two-thirds  vote  of  senators  present  is  necessary  to  convict. 

5.  Judgment  is  limited  to  removal  from  and  disqualification  for 
office  under  United  States,   (article  I,  section  3) 

6.  Person  convicted  through  impeachment  is  further  liable  to 
indictment,  trial,  judgment  and  punishment  according  to  law. 
(article  I,  section  3) 

I.  Adjournment. 

1.  Both  houses  may  adjourn  sine  die  or  to  a  day  stated  by  con- 
current action,  not  subject  to  the  executive  veto,  (article  I, 
section  7;  article  1,  section  5) 

2.  Either  house  may  adjourn  from  day  to  day  in  the  absence  of 
a  quorum,   (article  I,  section  5) 

3.  Either  house  may  adjourn,  during  a  session  of  congress,  for 
not  more  than  three  days,  without  the  consent  of  the  other 
house,  (article  I,  section  5) 

4.  The  president  may  prorogue  congress  in  the  event  of  a  dis- 
agreement as  to  the  time  of  adjournment,  (article  II,  section 
3) 

IV.    The  Federal  Executive: 
A.    The  president. 

1.  Qualifications — must  be  (article  II,  section  1) 

a.  A  natural  born  citizen  of  ihe  United  States. 

b.  At  least  thirty-five  years  of  age. 

c.  At  least  fourteen  years  a  resident  within  the  United 
•  States. 

2.  Is  elected  for  four  years,  in  the  manner  following:  (article 
II,  section  1;  amendment  XII) 

a.  Each  state  appoints  in  such  manner  as  the  legislature 
directs  electors  equal  in  number  to  its  total  representa- 
tion in  congress.  (Nationwide  method  of  popular  elec- 
tion rests  on  state  legislation.) 

b.  Presidential  electors  meet  in  their  respective  states 
and  vote  for  candidates  for  president  and  vice  presi- 
dent. 

c.  Lists  of  the  persons  voted  for  are  sent  to  Washington 
directed  to  the  president  of  the  senate. 

d.  The  votes  are  counted  in  the  presence  of  both  houses. 


24 


e.  The  persons  receiving  the  largest  number  of  votes,  if 
the  largest  number  is  majority  of  the  whole  number  of 
electors  appointed,  is  president. 

f.  If  no  person  receives  the  constitutional  majority,  the 
house  of  representatives,  voting  by  states,  elects  the 
president  from  the  three  candidates  having  the  high- 
est electoral  votes. 

S.    Before  entering  on  the  execution  of  his  office,  takes  an  oath 
or  makes  affirmation: 

a.  To  execute  faithfully  the  office  of  president,  and 

b.  To  the  best  of  his  ability  to  preserve,  protect  and 
defend  the  constitution. 

4.    Powers  and  duties. 

a.  Is  vested  with  the  executive  power,  (article  II,  section 
1) 

b.  Shall  take  care  that  all  the  laws  be  faithfully  executed, 
(article  II,  section  3) 

c.  Is  commander-in-chief  of  the  army  and  navy  of  the 
United  States,  and  of  the  militia  when  called  into  the 
actual  service  of  the  United  States,  (article  II,  sec- 
tion 2) 

d.  May  require  the  opinion  in  writing  of  the  principal 
officer  in  each  of  the  executive  departments  upon  any 
subject  relating  to  the  duties  of  his  office,  (article 
II,  section  2) 

e.  May  grant  reprieves  and  pardons  for  offences  against 
the  United  States,  except  in  cases  of  impeachment, 
(article  II,  section  2) 

f .  Is  in  charge  of  relations  with  foreign  states : 

(1)  May  make  treaties  binding  the  United  States, 
by  and  with  the  advice  and  consent  of  the 
senate,  provided  two-thirds  of  the  senators 
present  concur,  (article  II,  section  2) 

(2)  May  nominate,  and  by  and  with  the  advice  and 
consent  of  the  senate,  may  appoint  ambassa- 
dors, other  public  ministers  and  consuls,  (arti- 
cle II,  section  2) 

(3)  May  receive  ambassadors  and  other  public 
ministers  from  foreign  states,  (article  II,  sec- 
tion 3) 

g.  Has,  by  and  with  the  advice  and  consent  of  the  senate, 
power  to  appoint: 

(1)  Ambassadors,  other  public  ministers  and  con- 
suls,  (article  II,  section  2) 

(2)  Judges  of  the  supreme  court,  (article  H, 
section  2) 

(3)  Other  officers  of  the  United  States,  whose  ap- 
pointments are  not  provided  for  by  the  con- 
stitution, (article  II,  section  2) 


25 


(4)  Inferior  officers  whose  appointments  are  not 
by  law  vested  in  the  president  alone,  courts  of 
justice,  or  heads  of  departments,    (article  II, 

section  2) 

h.  May  fill  vacancies  during  a  recess  of  the  senate,  such 
appointments  to  continue  until  the  end  of  the  next 
session,   (article  II,  section  2) 

i.  Commission  all  the  officers  of  the  United  States,  (arti- 
cle II,  section  4) 

j.  Shall  from  time  to  time  give  congress  information  of 
the  state  of  the  union  and  recommend  to  their  con- 
sideration such  measures  as  he  may  judge  necessary 
and  expedient,   (article  II,  section  3) 

k.  May  call  congress  or  either  house  in  extraordinary  ses- 
sion, and  prorogue  congress  when  the  houses  disagree 
as  to  the  time  of  adjournment,  (article  II,  section  3) 

5.  Receives  a  salary  which  may  not  be  increased  or  diminished 
during  the  period  for  which  he  has  been  elected,  and  may  not 
within  that  period  receive  any  other  emolument  from  the 
United  States  or  any  of  them,  (article  II,  section  1)  ($75,000 
annually) 

6.  May  be  removed  from  office  on  impeachment  for  and  convic- 
tion of  treason,  bribery  or  other  high  crimes  and  misde- 
meanors,  (article  II,  section  4) 

B.  The  vice  president. 

1.  Must  have  the  same  qualifications  for  office  as  the  president, 
(amendment  XII) 

2.  Is  elected  for  four  years  in  manner  substantially  similar  to 
president,  except  that  the  senate  chooses  the  vice  president 
from  the  two  highest  candidates  if  the  electoral  colleges  fail 
to  do  so. 

3.  Powers  and  duties. 

a.  Presides  in  the  senate,  (article  I,  section  3) 

b.  Succeeds  the  president  in  case  of  the  removal  of  the 
president  from  office,  or  of  his  death,  resignation  or 
inability  to  discharge  the  duties  of  his  office,  (article 
II,  section  1) 

4.  May  be  removed  from  office  by  impeachment,  (article  II,  sec- 
tion 4) 

C.  Succession — Congress  may  by  law  declare  what  officer  shall  succeed 
as  president,  if  both  president  and  vice  president  are  removed. 

The  Federal  Judiciary. 

A.  The  judicial  power  is  vested  in  one  supreme  court  and  such  inferior 
courts  as  congress  may  from  time  to  time  ordain  and  establish,  (arti- 
cle III,  section  1) 

B.  Jurisdiction.  The  judicial  power  extends  (article  III,  section  2; 
amendment  XI) 


26 


1.  To  all  cases  in  law  and  equity  arising 

a.  Under  the  constitution  of  the  United  States. 

b.  Under  the  laws  of  the  United  States. 

c.  Under  treaties  binding  the  United  States. 

2.  To  all  cases  affecting  ambassadors,  other  public  ministers  and 
consuls. 

3.  To  all  cases  of  admiralty  and  maritime  jurisdiction. 

4.  To  controversies  to  which  the  United  States  shall  be  a  party. 

5.  To  controversies  between  states  or  citizens  of  different  states. 

a.  Between  two  or  more  states. 

b.  By  a  state  against  citizens  of  another  state. 

c.  Between  citizens  of  different  states. 

d.  Between  citizens  of  the  same  state  claiming  lands 
under  grants  of  different  states. 

e.  By  a  state  against  foreign  states,  citizens  or  subjects. 

f.  Between  the  citizens  of  a  state  and  foreign  states,  or 
citizens  or  subjects  of  foreign  states. 

IJ^-BUT  no  state  may  be  sued  in  the  federal  courts  by  citizens 
of  another  state  or  by  citizens  or  subjects  of  any  foreign 
state,  (amendment  XI) 

C.  Jurisdiction  of  the  supreme  court  is  (article  III,  section  2) 

1.  Original 

a.  In  cases  affecting  ambassadors,  other  public  ministers 
and  consuls. 

b.  In  cases  in  which  a  state  shall  be  a  party. 

2.  Appellate  in  other  cases,  both  as  to  law  and  fact,  with  such 
exceptions  and  under  such  regulations  as  congress  shall  make. 

D.  Judges  of  the  supreme  court,  and  of  other  courts  (unless  otherwise 
provided) 

1.  Are  nominated  and  appointed  by  the  president  by  and  with 
the  consent  of  the  senate,  (article  II,  section  2) 

2.  Serve  during  good  behavior,   (article  III,  section  1) 

3.  Receive  compensation  that  may  not  be  diminished  during  their 
continuance  in  office,   (article  III,  section  1) 

4.  May  be  removed  by  impeachment,   (article  II,  section  4) 

VI.    General  Constitutional  Limitations. 

A.  The  constitution  of  the  United  States  is  the  supreme  law  of  the  land, 
(article  VI) 

B.  The  constitution  of  the  United  States,  the  laws  made  in  pursuance 
thereof,  and  treaties  made  under  the  authority  of  the  United  States 

1.  Are  superior  to  state  constitutions  and  state  laws,  (article 
VI) 

2.  Bind  the  judges  of  federal  and  state  courts,   (article  VI) 

3.  Are  obligatory  (by  oath  or  affirmation)  on  (article  VT). 

a.  Federal  senators  and  representatives. 

b.  Members  of  state  legislatures. 

c.  All  federal  and  state  executive  and  judicial  officers. 


27 


Express  restrictions  on  the  federal  government. 

1.  The  writ  of  habeas  corpus  shall  not  be  suspended  unless  when, 
in  cases  of  rebellion  or  invasion,  the  public  safety  may 
require  it.   (article  I,  section  9) 

2.  No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed, 
(article  I,  section  9) 

3.  No  capitation  or  direct  tax,  except  taxes  on  incomes  (amend- 
ment XVI)  shall  be  laid  unless  in  proportion  to  the  census, 
(article  I,  section  9) 

4.  No  export  tax  shall  be  laid,   (article  I,  section  9) 

5.  No  money  shall  be  drawn  from  the  federal  treasury  but  in 
consequence  of  appropriations  made  by  law.  (article  I,  sec- 
tion 9) 

6.  Reports  of  receipts  and  expenditures  of  public  money  shall 
be  published  from  time  to  time,  (article  I,  section  9) 

7.  No  title  of  nobility  shall  be  granted,  (article  I,  section  9) 

8.  No  federal  officer  may  participate  as  presidential  elector  in 
the  choice  of  the  president,  (article  II,  section  1) 

9.  The  trial  of  crimes,  except  in  cases  of  impeachment,  shall 
be  by  jury,   (article  III,  section  2) 

10.  Crimes  shall  be  tried  in  the  state  where  committed,  (article 
III,  section  2) 

11.  Treason  against  the  United  States  (article  III,  section  3)  is 
defined  and  the  punishment  limited. 

a.  -  Shall  consist  only  of  levying  war  against  them,  or 

in  adhering  to  their  enemies,  giving  them  aid  and 
comfort. 

b.  Shall  be  proved  only  by  the  testimony  of  two  wit- 
nesses to  the  same  overt  act,  or  by  confession  in  open 
court. 

c.  Congress  may  define  the  penalty,  which  shall  not  work 
a  corruption  of  blood  or  forfeiture  of  property  except 
during  the  life  of  the  person  attainted. 

12.  No  religious  test  shall  ever  be  required  as  a  qualification 
to  any  office  or  public  trust  under  the  United  States,  (article 
VI) 

13.  Powers  not  delegated  to  the  United  States  by  the  constitution, 
nor  prohibited  by  it  to  the  states,  are  reserved  to  the  states, 
respectively,  or  to  the  people,  (amendment  X) 

14.  The  judicial  power  of  the  United  States  shall  not  extend,  in 
law  or  equity,  to  any  suit  against  a  state  brought  by  citizens 
of  other  states,  or  citizens  or  subjects  of  any  foreign  state, 
(amendment  XI) 

15.  Neither  slavery  nor  involuntary  servitude  except  as  a  punish- 
ment for  crime  shall  exist  in  the  United  States,  (amendment 
XIII) 

16.  The  validity  of  the  public  debt  may  not  be  questioned, 
(amendment  XIV) 


28 


17.  The  United  States  may  not  assume  or  pay  any  debt  or 
obligation  incurred  in  insurrection  or  rebellion,  or  any  claim 
for  loss  or  emancipation  of  any  slave,   (amendment  XIV) 

18.  The  rights  of  citizens  to  vote  may  not  be  abridged  by  reason 
of  race,  color,  previous  condition  of  servitude  or  sex.  (amend- 
ments XV  and  XIX) 

U^Find  also  limitations  implied  in  the  guaranty  of  certain  rights 
and  the  prohibition  of  certain  practices,  particularly  in 
amendments. 

Express  restrictions  upon  the  states — No  state  may 

1.  Enter  into  any  treaty,  alliance  or  confederation,  (article  I, 
section  10) 

2.  Grant  letters  of  marque  or  reprisal,   (article  I,  section  10) 

3.  Coin  money,  (article  I,  section  10) 

4.  Emit  bills  of  credit  (issue  paper  money),  (article  I,  section 
10) 

5.  Make  anything  but  gold  or  silver  coin  a  legal  tender  in  pay- 
ment of  debts,   (article  I,  section  10) 

6.  Pass  any  bill  of  attainder,   (article  I,  section  10) 

7.  Pass  any  law  impairing  the  obligation  of  contracts,  (article 
I,  section  10) 

8.  Grant  any  title  of  nobility,   (article  I,  section  10) 

9.  Without  the  consent  of  congress,  lay  any  impost  or  duty  on 
imports  or  exports,  except  such  as  are  absolutely  necessary  for 
execution  of  its  own  inspection  laws  (quarantine),  (article 
I,  section  10) 

10.  Without  the  consent  of  congress. 

a.  Lay  any  tonnage  duty. 

b.  Keep  troops  or  ships  of  war  in  time  of  peace. 

c.  Enter  into  any  agreement  or  compact  with  another 
state  or  foreign  power. 

d.  Engage  in  war,  unless  actually  invaded  or  in  such  im- 
minent danger  as  will  not  admit  of  delay. 

11.  Maintain  other  than  a  republican  form  of  government,  (arti- 
cle IV,  section  4) 

12.  Nullify  by  constitution  or  law  any  provision  of  the  federal 
constitution,  the  laws  of  the  United  States,  and  treaties  bind- 
ing the  United  States,   (article  VI) 

13.  In  judicial  proceedings  re-examine  any  fact  tried  by  a  jury 
by  other  process  than  according  to  the  rules  of  the  common 
law.   (amendment  VTI) 

14.  Abridge  the  privileges  or  immunities  of  citizens  of  the  United 
States,  (amendment  XIV) 

15.  Deprive  any  person  of  life,  liberty  or  property  without  due 
process  of  law.   (amendment  XIV) 

16.  Deny  to  any  person  within  its  jurisdiction  equal  protection 
of  the  laws,   (amendment  XIV) 


29 


17.  Assume  or  pay  any  debt  or  obligation  incurred  in  aid  of  in- 
surrection or  rebellion  against  the  United  States,  or  any  claim 
for  the  loss  or  emancipation  of  any  slave,  (amendment  XIV) 

18.  Abridge  the  right  of  citizens  of  the  United  States  to  vote 
on  account  of  race,  color,  previous  condition  of  servitude,  or 
sex.  (amendments  XV  and  XIX) 

U^Find  also  limitations  implied  in  the  guaranty  of  certain  rights 
and  prohibition  of  certain  practices. 

E.  Interstate  comity,  (article  IV,  sections  1  and  2) 

1.  Full  faith  and  credit  shall  be  given  in  each  state  to  the  public 
acts,  records  and  judicial  proceedings  of  every  other  state. 

2.  The  citizens  of  each  state  are  entitled  to  all  the  privileges 
and  immunities  of  citizens  in  the  several  states. 

3.  Extradition  of  fugitives  from  justice  and  bond  servants. 

4.  No  state  may,  without  the  consent  of  congress,  lay  any  im- 
posts or  duties  on  imports  or  exports,  (article  I,  section  10) 

5.  Interstate  commerce  regulated  by  congress,    (article  I,  sec- 
tion 8) 

6.  Controversies  between  states  subject  to  judicial  adjustment 
in  federal  courts,    (article  III,  section  2) 

F.  Declaration  of  fundamental  principles. 

1.  The  constitution  is  the  act  of  the  people  of  the  United  States, 
(preamble) 

2.  The  form  of  government  shall  be  republican,  (article  IV,  sec- 
tion 4) 

3.  The  states  are  indestructible,   (article  IV,  section  3) 

4.  No  state  may  be  deprived  of  equal  representation  in  the  sen- 
ate,  (article  V) 

5.  Religious  liberty,   (article  VI,  amendment  I) 

6.  Freedom  of  speech  and  press,    (amendment  I) 

7.  Security  of  person  and  dwelling,  (amendments  III  and  IV) 

8.  Common  law  procedure  in  criminal  prosecutions,  (amend- 
ments V  and  VII) 

9.  Trial  by  a  jury  of  the  vicinage,    (amendment  VI) 

10.  Slavery  shall  not  exist,  (amendment  XIII) 

11.  Equal  rights  and  equal  protection  of  law.  (amendments  XIV, 
XV,  XIX) 

12.  Prohibition  of  liquor  traffic,   (amendment  XVIII) 

13.  Cruel  and  unusual  punishments  forbidden,  (amendment  VTII) 

G.  Civil  rights  guaranteed. 

1.  Liberty  of  worship,   (amendment  I) 

2.  Liberty  of  speech,   (amendment  I) 

3.  Liberty  of  press,    (amendment  I) 

4.  Liberty  of  person,   (amendment  XIII) 

5.  Peaceable  assembly,   (amendment  I) 

6.  Petition  for  the  redress  of  grievances,   (amendment  I) 

7.  Right  to  keep  and  bear  arms,   (amendment  II) 

8.  Security  of  dwelling,   (amendments  III  and  IV) 


30 


9.    Security  of  person,   (amendment  IV) 

10.  In  criminal  procedure. 

a.  Habeas  corpus,   (article  I,  section  9) 

b.  Reasonable  bail,    (amendment  VIII) 

c.  Indictment  or  presentment  by  grand  jury,  (amend- 
ment V) 

d.  Single  jeopardy,    (amendment  V) 

e.  Excuse  from  testimony  against  self,   (amendment  V) 

f.  Due  process  of  law.   (amendments  V  and  XIV) 

g.  Speedy  and  public  trial,   (amendment  VI) 

h.  Confrontation  with  witnesses,  (amendment  VI) 

i.  Trial  by  jury  of  vicinage,    (amendment  VI) 

j.  Compulsory  process  to  obtain  witnesses,  (amendment 
V) 

k.    Assistance  of  counsel  for  defence,  (amendment  V) 

11.  Equal  protection  of  laws,  (amendment  XIV) 

12.  Trial  by  jury  of  causes  where  value  in  controversy  exceeds 
twenty  dollars,    (amendment  VII) 

13.  Security  of  private  property  against  taking  for  public  use 
without  just  compensation,    (amendment  V) 

Invasion  of  rights  forbidden. 

1.  Personal  liberty 

a.  Slavery  or  involuntary  servitude  forbidden,  (amend- 
ment XIV) 

b.  Freedom  of  speech  and  the  press  may  not  be  abridged, 
(amendment  I) 

c.  Freedom  of  religion. 

(1)  Religious  tests  may  not  be  required  as  a 
qualification  for  office,   (article  VI) 

(2)  Religion  may  not  be  established,  (amend- 
ment I) 

d.  Freedom  of  person  from  search,  (amendment  IV) 

e.  Freedom  of  dwelling  from  search,   (amendment  IV) 

f.  Habeas  corpus  shall  not  be  suspended,  (article  I, 
section  9) 

2.  Protection  of  property. 

a.  Private  property  may  not  be  taken  without  due  com- 
pensation, (amendment  V) 

b.  Private  property  may  not  be  taken  without  due  process 
of  law.  (amendments  V  and  XIV) 

c.  No  ex  post  facto  law  shall  be  passed,  (article  I,  sec- 
tion 9) 

d.  No  state  shall  pass  any  law  impairing  the  obligation 
of  contract,   (article  I,  section  10) 

e.  No  state  may  make  anything  but  gold  or  silver  coin 
a  legal  tender  for  the  payment  of  debts,  (article  I, 
section  10) 


31 


f .  Soldiers  shall  not  be  quartered  in  any  dwelling  in  time 
of  peace,  or  in  time  of  war  except  in  a  manner  pre- 
scribed by  law.    (amendment  III) 

g.  Attaint  of  treason  shall  not  work  a  corruption  of  blood 
or  forfeiture  of  property  beyond  the  life  of  the  at- 
tainted,  (article  I,  section  3) 

3.  In  general  court  procedure. 

a.  Trial  by  jury,    (amendment  VII) 

b.  Appeals  from  jury  limited  to  common  law  procedure, 
(amendment  VII) 

c.  Protection  of  life,  liberty  and  property,  (amendments 
V  and  XIV) 

4.  In  criminal  procedure. 

a.  Indictment  or  presentment  in  capital  or  other  serious 
crime,   (amendment  V) 

b.  No  warrant  may  be  issued  without  probable  cause  and 
unless  supported  by  oath  or  affirmation,  (amendment 
IV) 

c.  Double  jeopardy  forbidden,   (amendment  V) 

d.  Excessive  bail  shall  not  be  required,  (amendment  VIII) 

e.  Habeas  corpus  may  not  be  suspended,  (article  I,  sec- 
tion 9) 

f.  No  bill  of  attainder  or  ex  post  facto  law  may  be 
passed,  (article  I,  section  9) 

g.  '  Accused  may  not  be  compelled  to  testify,  (amendment 

VI) 

h.  Confrontation  with  witnesses,   (amendment  VT) 

i.  Speedy  and  public  trial  by  impartial  jury,  (amend- 
ment VI) 

j.    Trial  by  jury  of  vicinage,   (amendment  VI) 
k.    Cruel  and  unusual  punishments  forbidden,  (amend- 
ment VII) 

VII.    Amendments  may  be  made  by  one  of  two  procedures. 

A.  Propositions  originating  with  congress. 

1.  Congress,  by  two-thirds  vote  of  both  houses,  may  propose 
amendments. 

2.  Such  proposals  may  be  ratified  by  the  legislatures  of  three- 
fourths  of  the  states  or  by  conventions  in  three-fourths  of 

the  states,  as  suggested  by  congress. 

B.  Propositions  originating  in  a  constitutional  convention. 

1.  On  request  of  the  legislatures  of  two-thirds  of  the  states,  con- 
gress shall  call  a  convention  to  propose  amendments. 

2.  Such  proposals  may  be  ratified  in  the  same  way  as  amend- 
ments proposed  by  congress. 


